This youtube clip shows a retired marine, standing rigidly at attention and holding a formal salute— for 3 hours.*
The occasion is the annual “Rolling Thunder” motorcycle rally of miltary veterans in Washington DC.
It’s an emotional clip; A tribute by one ex-Marine to all those who have served. He salutes tens of thousands of veterans as they drive by him. And , of course, by extension…those veterans who did not come home.
My questions are simple: where did he get the uniform, and who authorizes individuals to wear military dress uniforms at civilian events?
In this specific case, a retired soldier displays–and deserves-- all the respect that the uniform implies.
But what would happen if somebody else chose to use a less-respectful location for wearing the same uniform, while participating in other events? Say, a mainstream political rally? An NRA convention? A peaceful political protest march? or a less-peaceful demonstration such as, say, the occupy Wall Street movement?
Surely the army has regulations that govern active duty soldiers.
But this guy is apparently retired, which makes him a civilian just like anybody else.–is he still bound by military regulations? And where does he get the full-dress uniform with all its rank insignia,etc?
(*the clip is only 4 minutes long—narrated by a newscaster… worth watching)
U.S. military uniforms are widely available online and at surplus stores. If the guy is in the Reserves, he is still under the UCMJ and could not lawrfully wear his uniform except when permitted under DOD regs.
If he’s no longer in the military at all, or never was, he can wear whatever uniform he likes, whenever he likes:
At the Tomb of the Unknown Soldier at Arlington Cemetery (Virginia), a guard will sometimes ask observers in uniform to salute and for those not in uniform to stand respectfully. At least for civilians, I think the First Amendment guarantees that there could be no actual legal penalties for disobeying. However, people have gotten fired for being disrespectful there.
10 USC, Subtitle A, Part II, Chapter 45, Sections 771 and 772 state that it is illegal to wear the uniform unless a member of the military. 772 states one exception is for retired members who can wear the uniform at their retired rank.
For the Army it is stated in AR670-1 that retired members can only wear the uniform in the following circumstances: *1) Personnel performing instructor duties at an educational institution conducting courses of instruction approved by the Armed Forces (such as JROTC).
(2) While attending military funerals, memorial services, weddings, inaugurals, and other occasions of ceremony.
(3) Attending parades on national or state holidays, or other patriotic parades or ceremonies in which any active or reserve United States military unit is taking part.*
I’m sure the Marines have something similar. However in reality Army regulations can not be enforced against someone who is retired and USC 771 is basically toothless as well. Under the old Stolen Valor law someone could be prosecuted for wearing a uniform they were not entitled to or just for making claims of service. The new SV law states they can only be prosecuted if there was a tangible monetary gain received by their fraud.
My dad removed his stripes from all his uniforms after he retired. I recall him saying he was required to. He used his fatigues around the house for work clothes, painting, mowing the grass etc until they wore out. I think he kept his dress uniforms in the closet for many years.
I have no memory of ever seeing him in his dress uniform. Kind of odd because he served over 20 years. I do remember seeing him leave for work in his fatigues.
Legally, if they’re still in service, they’re governed by military laws and conduct. If they’re not, then they’re not, and as long as no fraud is involved, it’s a matter of free speech (legally).
Otherwise, it’s a matter of etiquette.
Rules for saluting can get a bit arcane and vary among services and nations. In the US Navy, Marines, and Coast Guard, one doesn’t salute unless covered (wearing a cap). One wears a cap outdoors but generally not indoors unless on duty and armed (even if it’s a ceremonial arms like an officer’s sword). Even when on duty, you remove your cap in the mess hall or chapel. If your right hand is encumbered, you salute with your left hand – not so in the Army. I believe Army retains the cap indoors, but salutes aren’t required. In the Navy, there are other rules when aboard ship.
The junior officer initiates a salute to a senior and holds it until acknowledged or the senior officer passes. You also salute the US flag; when boarding a ship you’re supposed to salute the flag first and then the officer on deck and do it in the opposite order when leaving.
Since a salute shows respect, the guy in the video is getting the most important thing right. There may be rules of etiquette that allow him not to have to hold the salute, but I doubt many would criticize him for holding it (other than saying he’s a being a bit extreme, but that was his intention.)
Tangentially, I found the following interesting, since it explains the commonly used phrase of “knuckes to forehead” by writers like Forester and OBrien:
I was enlisted Air Force flight crew for 15 yrs. I worked with officers and wore the same flight suit.
It was hard to see the subdued rank, so enlisted flight crewmembers got saluted quite often by non-aircrew enlisted (most of them assume flight suit = officer). It was easier to return their salute than explain it to them. (and I didn’t want anyone to think aircrew are ‘stuck up’)
A salute is a form / expression of respect. There is no rule saying you can not salute anyone (or anything).
I did the slow, full -respect salute to my father at his funeral. I wasn’t in uniform (I’m retired).
In this country it’s an offence under the Uniforms Act 1895 to wear British military uniform when not entitled to do so, which goes for retired servicemen as well. It is occasionally enforced, too.
Propaganda. Retired Marines hold no different status than retired soldiers or sailors.
As the old joke goes, there are only two branches of the military, the Army and the Navy. The Air Force is a corporation and the Marine Corps is a cult.
Not exactly. As I stated upthread, look up Title 10 sections 771 and 772. Its also in Title 18 section 702. It is still illegal to wear the uniform. That is the US Code not the UCMJ. However it is very hard to enforce and basically has no teeth. Part of 772 (theatrical exemption only if it doesn’t discredit the military) was struck down in Schacht v. US but as far as I know the rest was not ruled as being unconstitutional. I have no idea when was the last time someone tried to get a conviction under the federal statute.
Is if physically possible for him to stand at attention and hold the salute without moving for three hour straight? Or did he stand there for three hours, periodically saluting as groups came past?
If someone’s in uniform, it’s reasonable to assume that they’re part of a clearly defined chain of command - that they have a commanding officer who is also a serving member of the military. A soldier outside the chain of command isn’t a soldier.
